DEAR BENNY: My husband and I own two properties, and we are in the process of getting a divorce. The house I live in right now with my daughter has equity of about $100,000. My husband moved out already, but now he wants the house back.

The second property we bought together before we got married for $445,000. It's now worth about $200,000, but we owe the bank approximately $400,000. I was the only one whose name is on the loan, but both of our names are on the title.

What would happen to me if we sold both houses after the divorce is final? Is he going to get 50 percent of the equity and I have to pay the loss of the other house by myself or do we get the same equity and divide up the loss evenly? --Jacklyn

DEAR JACKLYN: If you do not already have a divorce attorney, please get one immediately. Different states have different laws regarding spousal rights, so I can provide only general information. In many states, there is what is known as "equitable distribution," which means that depending on how long the parties have been married, both husband and wife should share equally in any profits or losses.

Your lawyer should make every effort to negotiate a realistic divorce and property settlement with your husband, which would include, at the very least, a 50-50 arrangement regarding both properties.

Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column. Questions for this column can be submitted to benny@inman.com.